Firearm Possession Laws: Who Can and Cannot Legally Own a Weapon?
Under the Second Amendment of the United States Constitution, U.S. citizens have a legal right to keep and bear arms. However, gun rights can be taken away or restricted depending on various circumstances or criminal charges.
Whether you’re a gun owner or considering purchasing a firearm, it's important to understand the laws that determine who can and cannot legally own a firearm in Nebraska.
At Abrahamson Law Office, we recognize that firearm possession law is often complicated. Based in Omaha, Nebraska, we strive to help clients in the surrounding areas understand who is eligible to own a weapon, the potential restrictions that apply to certain individuals, and the potential consequences of violating these laws.
Nebraska Firearm Possession Laws
In Nebraska, firearm possession is governed by both state and federal regulations. While the Second Amendment of the U.S. Constitution protects the right to bear arms, this right is not absolute. Various laws are in place to regulate who can own, purchase, and carry firearms, as well as the types of firearms you are allowed to possess.
Nebraska is an open-carry state, meaning individuals can openly carry firearms in most public places without a permit. However, concealed carry requires a permit, and there are specific eligibility requirements for obtaining one.
Who Can Legally Own a Firearm in Nebraska?
To legally own a firearm in Nebraska, you must meet certain criteria. These requirements are designed to make sure firearms are owned only by individuals who can responsibly and safely possess them. The general qualifications for firearm ownership in Nebraska include the following.
Age requirements: You must be at least 18 years old to purchase a rifle or shotgun and to carry a firearm openly in the state. You must be at least 21 years old to purchase a handgun and to apply for a concealed carry permit.
Residency: You must be a legal resident of Nebraska in order to purchase a firearm in the state.
Background check: Federal law requires those purchasing a firearm from a licensed dealer to undergo a background check. This process is designed to identify individuals who are prohibited from owning firearms.
Permit for handguns: To purchase a handgun in Nebraska, you must obtain a handgun purchase certificate or a concealed carry permit. This involves passing a background check and meeting other eligibility requirements.
Who Cannot Legally Own a Firearm?
While many individuals in Nebraska are eligible to own firearms, there are specific groups of people who are prohibited from possessing them under state and federal law. These restrictions are designed to promote public safety and prevent firearms from falling into the wrong hands. Some of the most common reasons a person may be prohibited from owning a firearm include the following.
Felony convictions: Those who have been convicted of a felony are generally prohibited from owning or possessing firearms. This restriction applies to both state and federal laws.
Domestic violence convictions: Those who have been convicted of a misdemeanor crime of domestic violence are prohibited from owning firearms under federal law. This includes offenses such as assaulting a spouse, partner, or family member.
Protective orders: Those who are subject to certain protective orders, such as restraining orders related to domestic violence, may be prohibited from possessing firearms.
Mental health issues: Federal law prohibits firearm possession by individuals who have been adjudicated as mentally ill or committed to a mental institution. Nebraska law also includes provisions for disqualifying individuals based on mental health concerns.
Drug and alcohol abuse: Individuals who are addicted to controlled substances or who are habitual users of drugs or alcohol may be prohibited from owning firearms.
Illegal immigration status: Non-citizens who are in the United States unlawfully are prohibited from possessing firearms under federal law.
Dishonorable discharge from the military: A dishonorable discharge from the U.S. military disqualifies an individual from possessing firearms or ammunition.
Pending criminal charges: If you are facing certain criminal charges, you may temporarily be prohibited from possessing firearms until your case is resolved.
Consequences of Violating Firearm Possession Laws
Violating firearm possession laws can result in serious legal consequences. The severity of the penalties depends on the specific circumstances of the violation, including the type of firearm involved and your criminal history. Some of the common penalties include:
Fines: Violations can result in significant fines, which vary depending on the offense.
Imprisonment: Some firearm-related offenses carry jail or prison sentences, particularly for felons in possession of firearms or individuals using firearms in the commission of a crime.
Loss of firearm rights: A conviction for certain offenses can result in the permanent loss of your right to own or possess firearms.
Criminal record: A firearm-related conviction can leave you with a criminal record, which may impact your employment opportunities, housing options, and more.
How Our Firm Can Help
At Abrahamson Law Office, we have extensive experience handling cases involving firearm possession laws and strive to make sure our clients feel supported and informed throughout their case. If you're facing firearm-related charges, some of the ways our attorney can help include the following.
Reviewing the details of your case: We’ll thoroughly examine the circumstances surrounding your charges to identify potential defenses and weaknesses in the prosecution’s case.
Challenging evidence: If evidence was obtained unlawfully or if there are inconsistencies in the case against you, we’ll work to have it excluded or challenged in court.
Negotiating on your behalf: In some cases, we may be able to negotiate with prosecutors to reduce charges or secure alternative sentencing options.
Representing you in court: If your case goes to trial, we’ll provide skilled and aggressive representation to protect your rights.
Reach Out to Our Skilled Attorneys Today
Firearm possession laws are often complicated, and they can be challenging to understand without the right legal guidance. Whether you’re seeking to understand your rights as a gun owner or facing charges related to firearm possession, we recommend consulting with an attorney for guidance and advice.
At Abrahamson Law Office, we’re committed to helping you understand your rights when it comes to firearm possession. Based in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.